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Landmark Cases

Case Name: James PARHAM v. J.R. etal

Date, Location, Cite: 1979 GA
442 US 584
US SUPREME COURT

GA had no specific law about release of a minor even if well; original. Court. said unconstitutional; Supreme Court said parent, or state if guardian, can act in best interest of child, even if child doesn't like it. Stopped short of requiring full hearing, but instructed GA to create periodic post-hospital reviews by neutral party. Reversed KREMENS v. BARTLEY, 1977, PA "there is a substantial liberty interest in not being confined unnecessarily for treatment"